TOUCH OF SPICE TERMS & CONDITIONS FOR RESIDENCE COLLECTION VILLAS These terms apply to any stay booked in one of our Residence Collection Villas
1.BOND 1.1 A Bond of 25% of the total rental is due:
(a) On arrival, if your stay is four (4) or less days, this amount will be pre-authorised on your credit card.
(b) Two (2) weeks prior to arrival if your stay is five (5) or more days, this amount will be invoiced and can be paid via bank transfer or credit card. Bank transfer fees charged by New Zealand banks will be covered by Touch of Spice. Any credit card surcharges will be payable by the client.
1.2 This Bond will be held by us until a Post-Stay Inspection has been completed, to confirm, in the reasonable discretion of Touch of Spice and the Property Owner, that no additional costs may be incurred, including for excessive cleaning, rubbish removal, breakages or damage to the Property.
1.3 If any additional costs are identified during the Post-Stay Inspection, you will be notified, and the costs will be taken from your bond.
1.4 If your bond has been taken as a pre-authorisation on your credit card, we will charge your card with the bond amount and we will hold this until we receive a final invoice for the additional costs. Any credit card surcharges will be payable by the client.
1.5 If the Bond does not cover these additional costs, you will be invoiced for these and you agree to immediately pay the amount owing in NZD by bank transfer or credit card.
1.6 You are responsible and liable for all losses, breakage, damage and destruction to the Property, including direct and indirect costs (including any contents), fines incurred and charges arising from actions of any third party.
1.7 You shall indemnify Touch of Spice and the Property Owner in respect of any such costs.
2.CLEANING SERVICES & CHARGES
2.1 Cleaning time allocations for daily servicing, mid-stay clean and exit clean (where included) are specified in the house compendium
2.2 If any of these cleans take longer than the allocated time, the extra costs will be passed on to the Guest.
2.3 If a mid-week linen change is included there will be one mid-week linen change per 5 or 7 days.
2.4 As part of our offering, we provide a plethora of concierge services; from booking tee times, massages, restaurant reservations right through to provisioning private villas, yoga instructors, private chefs and a wide arrange of experiences and activities. Depending on what you require a fee may apply to the service which will be advised by your Touch of Spice representative at the time.
2.5 Charges shall be as advised by Touch of Spice and may include various services as set out in Schedule 1 as well as the cost of services and experiences provided by third party suppliers as requested by you.
3.GUEST ARRIVAL & DEPARTURE
3.1 Where possible a representative of Touch of Spice will meet & greet you on arrival at the property between 2pm and 5pm on your arrival date. Arrival outside of those hours must be arranged in advance and may require you to self-check-in.
3.2 Departure time is 11am unless otherwise agreed in advance. Departure details need to be confirmed prior to arrival.
3.3 Late departures may incur additional charges plus any additional staff or cleaning costs, including waiting time, will be either deducted from the bond or charged to your credit card.
3.4 You must leave all keys and garage remotes inside the Property, lock all doors and close all windows. Any lost keys or garage door remotes will incur an additional charge as per Schedule 1.
3.5 You must notify us of any damage to the Property prior to your departure.
3.6 General cleaning at the end of the Villa Rental is included as part of your booking.
3.7 Should any excess cleaning or rubbish removal be required beyond what is considered reasonable, in the discretion of Touch of Spice, such costs will be payable by you. Please refer to the House Folder in your villa for further information. Excessive cleaning will be charged to you at $75+ GST per hour. (See Schedule 1)
3.8 Excessive rubbish removal will be charged to you at $75+ GST per hour plus rubbish dumping fees of $150+ GST per load. (See Schedule 1)
3.9 Please respect the quality of the property and endeavour to leave the property as you would your own home.
4.GUEST OBLIGATIONS DURING STAY
During your stay, you must:
4.1 Use the property only for short-term accommodation with the number of guests listed in the Booking Summary.
4.2 Get our approval if you plan to have a party, event, or invite external contractors (like a chef or nanny). Contractors must have public liability insurance.
4.3 Keep the property clean, tidy, and in good condition, including all furnishings and fixtures.
4.4 Follow the Terms & Conditions, House Rules, and Property Compendium. Breaking these rules could lead to losing your bond, eviction without a refund, and extra costs.
4.5 Get our approval before setting up any temporary structures on the property.
4.6 Be quiet between 10 PM and 7 AM, and be a respectful, responsible guest. We have zero tolerance for disruptive behaviour or actions that could damage the property.
4.7 Lock all doors and windows and set the alarm (if available) when you’re not at the property.
4.8 Supervise children at all times.
4.9 Let us know immediately if you find any damage or issues at the property, or if something isn’t working properly.
4.10 Inform us right away if you cause any damage to the property or its contents.
4.11 Allow our staff and contractors to access the property during the day for maintenance or inspections.
4.12 Pay any additional charges listed in Schedule 1 that apply to your stay.
4.13 Cover any local expenses not included in the nightly rate.
4.14 Use the internet legally. We are not responsible for any illegal downloads during your stay.
During your stay, you must not:
4.15 Use the property for business, weddings, parties, or other events unless you get prior approval from Touch of Spice.
4.16 Allow more guests to stay than what’s listed in your booking summary. Extra charges will apply if this happens.
4.17 Host any events or functions at the property without written approval from Touch of Spice. Requests will be considered individually.
4.18 Smoke or use illegal substances at the property. If detected, you will lose your bond, face extra cleaning charges, and may be evicted.
4.19 Cook with strong-smelling ingredients that linger after your stay.
4.20 Move or rearrange furniture or items without our written permission.
4.21 Do anything that could affect the property’s insurance.
4.22 Cause any nuisance or disturbance to us, the owner, other guests, or neighbours. If this happens, a $500 plus GST fee per incident will be charged, and deducted from your bond or charged to your credit card.
4.23 Keep any pets on the property without our written permission.
5.DEPARTURE INSPECTION
5.1 At the end of your stay, we will complete or arrange a departure inspection. If we, in our absolute discretion, are not satisfied with the condition of the Property, reasonable wear and tear excepted, we may deduct from the Bond or charge your credit card to cover remedial costs and will provide a written breakdown of such deduction.
5.2 Lost keys will result in additional charges as per Schedule 1. These charges will be either deducted from the Bond or debited from you credit card.
6.AMENDMENTS AND CANCELLATIONS
6.1 To request any changes to your booking, you must notify us in writing at least 45 days before your booking starts (or 91 days if it’s during the peak season from December 15th to January 6th).
6.2 We may not be able to accommodate your request for changes, depending on availability and other factors.
6.3 A charge of $75 + GST per hour will apply for the time incurred for changes made after the booking is confirmed.
6.4 If you cancel your booking, you must do so in writing at least 46 days before your booking starts (or 91 days if it’s during the peak season). In this case, we may hold your payment to be used towards a future stay at the same property, depending on availability, rate changes, owner approval, and other conditions outlined in clause 6.7.
6.5 You must make a new booking within 12 months of your cancellation, and your stay must occur within 12 months of the cancellation date. If not, you will forfeit all payments made.
6.6 If you cancel your booking within 46 days of the start date (or 91 days if it’s during peak season), no refund will be given, regardless of the reason.
6.7 In the event of cancellation, additional unavoidable costs may arise. You authorize us to use your payment to cover these costs and any cancellation fees owed to third-party suppliers.
6.8 If unforeseen circumstances make your booked property unavailable (e.g., the owner decides to withdraw it for repairs, renovations, or sale), we will try to rebook you in a similar property for your intended dates. If the new property has a different rate, we will charge or refund you the difference. If we can’t find a suitable replacement, you will receive a full refund.
6.9 Any refund is subject to deductions for payments made under clause 6.7.
6.10 We do not offer further compensation or accept liability for any other costs or losses you may incur.
6.11 We reserve the right to relocate guests to alternative accommodations or cancel bookings due to unforeseen circumstances, force majeure events, or inappropriate behavior that could cause harm, damage, or nuisance.
6.12 Neither Touch of Spice nor the property owner is responsible for any loss or damage resulting from such events, relocations, or cancellations.
6.13 You cannot transfer your booking to another person without our written approval, which we are not obliged to give.
7.INSURANCE AND LIABILITY INSURANCE
7.1 You will not do anything that could adversely affects Touch of Spice’s Insurance or the Property Owner’s insurance over the Property.
7.2 If the Property Owner’s insurance policy is used to cover damage caused by you or any occupants, you will be liable for the excess on such policy and the associated damage costs.
7.3 Furthermore, prior to arrival, it is imperative that you have a valid travel or domestic insurance policy in place including public liability cover for property damage caused by you and your invitees.
7.4 Because of your potential liability this is required by the Property Owner’s insurer and is therefore a fundamental term of this Agreement.
7.5 Insurance for your personal effects and vehicles is your own responsibility, and neither Touch of Spice nor the Property Owner accepts any responsibility for loss or damage.
7.6 If you or any occupants use extra facilities at the Property including, but not limited to, kayaks, dinghies, bicycles, trampolines, spas and swimming pools, such use is always entirely at your own risk, and neither Touch of Spice nor the Property Owner accept any responsibility for any injury or loss whatsoever.
8.HEALTH AND SAFETY
8.1 To the fullest extent possible by law, neither Touch of Spice nor the Property Owner makes any representation and gives any express or implied warranty of any kind in relation to the Property, or any product or service featured on the website or brochure. Your use of the Property and our services are at your sole risk.
8.2 Touch of Spice, the Property Owner and the Registered Guest will comply with their respective obligations under the Health and Safety at Work Act 2015 and associated Health and Safety at Work Regulations, Codes of Practice, Guidelines and Fact Sheets (“HSWA Legislation”), and any amendments to the HSWA Legislation, in discharging their obligations under this Agreement.
9.COMPLAINTS
9.1 If you wish to make a complaint you should raise it with us immediately and allow a reasonable time for us to investigate and if necessary, remedy the cause of the complaint.
9.2 While Touch of Spice and the Property Owner will use best endeavours to ensure that the Property is presented as advertised, there may be circumstances where certain services are unavailable.
9.3 In such circumstances neither Touch of Spice nor the Property Owner will be liable for the loss or unavailability of any particular service, or any actions taken by any person or authority outside our control affecting the availability of such services.
9.4 Neither Touch of Spice nor the Property Owner accept any responsibility for any disturbances to you arising from work being carried out on neighbouring property and land and shall not be liable for any compensation or refund arising from any such disturbance, whether due to road works, construction or any other nuisance or annoyance outside the control of Touch of Spice or the Property Owner.
9.5 We are not obliged to provide you with a refund of your accommodation charges if you vacate a property without our authorisation.
10.DISPUTES
10.1 If a dispute arises regarding this agreement, the parties agree to use best endeavours to resolve such dispute in good faith and in a reasonable time.
10.2 If the dispute cannot be resolved by negotiation within a reasonable time the parties agree to the following process: A party may issue a written Dispute Notice to the other party, setting out reasonable particulars of the matter in dispute. For a period of 20 working days thereafter, the parties shall with best endeavours and in good faith negotiate to attempt to resolve the dispute and shall (subject to privilege) provide to the other party all information with respect to the dispute which is reasonably requested by the other party.
10.3 If the dispute has not been resolved within 20 working days, or within such further period as the parties agree in writing, the parties shall attempt to settle the dispute by mediation before a mediator selected by the current President of the New Zealand Law Society.
10.4 If the dispute has not been resolved within 20 working days, or within such further period as the parties agree in writing, after the commencement of mediation, then either party may exercise any other legal rights which may be available to it.
10.5 Except where the dispute renders it impossible to do so, the parties will continue to be bound by their respective obligations under these Terms and Conditions while a dispute is being resolved; and each party will use its best endeavours to ensure that, where a dispute is reasonably foreseeable, it is dealt with at a sufficiently early stage to ensure that there is a minimum effect on the ability of either party to perform its obligations under these Terms and Conditions.
10.6 You acknowledge that Touch of Spice represents the Property Owner. Any complaint or dispute that the Registered Guest may have with respect to the Property shall be a dispute between the Registered Guest and the Property Owner.
10.7 Touch of Spice will not represent you in respect of any such dispute.
10.8 Nothing in clause 13.2 shall prevent the parties from seeking urgent equitable relief before an appropriate court.
11.TERMINATION
11.1 We may evict you from the Property if you do not comply with your obligations as a Guest, you do not provide us with a satisfactory explanation, and we consider your lack of compliance is serious enough to warrant eviction.
11.2 In the unlikely event of an eviction, you shall forfeit any payment made and we may use your Bond to cover any additional costs we incur dealing with your non-compliance. If your Bond is not enough to cover these costs, we may recover any additional costs from you.
12.LIMITATION OF LIABILITY
12.1 We do not accept any liability for acts or omissions of third parties, or circumstances beyond our control, that may disrupt your stay. We are an agent for the Property Owner and are not liable for any loss, injury, or damage that you may suffer while staying at a property.
12.2 In any event our maximum liability to you is capped at the amount you have paid to us in connection with your booking.
13.RIGHTS OF OWNER
13.1 The rights contained in this agreement confer a benefit on the Property Owner. For example, if you damage the Property, the Property Owner is entitled to recover the cost of repairing the damage directly from you.
13.2 We do not need the consent of the Property Owner to amend or terminate this Contract.
13.3 The Property Owner, or a representative of Touch of Spice as agent for the Property Owner, may enter the Property at any reasonable time to inspect the Property upon giving you not less than 2 hours’ notice. Such notice may be provided by phone.
14.GENERAL
14.1 If Touch of Spice or the Property Owner do not exercise or enforce any right available to them under the Terms and Conditions, it does not constitute a waiver of those rights.
14.2 If any provision of these Terms and Conditions becomes or is held to be invalid, that provision is severed from the remaining Terms and Conditions, which remain in full force and effect.
14.3 We can transfer, assign, or subcontract our rights under this agreement.
14.4 This agreement is the entire agreement and can only be amended if agreed in writing by both parties.
14.5 You may choose to sign this agreement digitally pursuant to part 4 of the Contract and Commercial Law Act 2017. Upon receipt of email confirmation of your booking, please reply to the email to confirm that you have read and accept the terms of this agreement. We will retain your email as confirmation of acceptance.
CONFIRMATION
15.1 Your booking will be confirmed once we receive: The non-refundable deposit or full payment (if applicable) Acceptance of these Terms & Conditions
15.2 A booking confirmation email with all relevant details will follow.
SCHEDULE 1:
CHARGES The below charges are excluding GST.
1.1 Booking Management Fee: As outlined in your invoice.
1.2 Administration Fee for cancellation, property transfers or changes to reservations: $75 per hour of time incurred + GST
1.3 Lost Keys or Garage Door Remote: The greater of the cost of replacement or $250 per key or $350 per remote
1.4 Penalty for occupancy above booking: $500 per additional guest
1.5 Additional cleaning and/or rubbish removal: $75 per hour plus disposal costs
1.6 Damage or breakages: Charge based on cost of repair plus $75 per hour + GST administration fee. Call outs after hours are charged at time and a half
1.7 Charge for excessive noise or illegal activity at Property: $500 + GST
1.8 Call out charges incurred through damage or misuse of alarms, appliances, electronics or excessive use of services: Actual call out charge plus $75 per hour + GST administration fee. Call outs after hours are charged at time and a half.
1.9 Evidence of use of Property as a party venue: $2,000 + GST minimum
1.10 Deodorizing due to smoking: $500 + GST minimum
1.11 Call out charge (for any reason): $150 + GST Call outs after hours are charged at time and a half.